News
Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2008 (SI 2008/973) Commenced 6 April 2008. Adds certain swords, commonly known as “samurai swords”, to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (SI 1988/2019). The effect of this is to make it an offence to manufacture, sell, hire (etc) these swords and to prohibit their importation, subject to an exemption for antique swords and certain defences.
Family Proceedings Fees Order 2008 (SI 2008/1054) Commences 1 May 2008. An incremental fee is introduced in relation to proceedings for a care or supervision order under the Children Act 1989, s 31. The first fee (£2,225) is paid on an application for such an order. The second fee (£700) is payable if an issues resolution hearing or pre-hearing review is listed, at least 14 days before the day on which the hearing is listed, and the third fee (£1,900) is payable if a final hearing is listed, at least 14 days before the day on which that hearing is listed. Provision is made for a refund to be made if a final order is made at a case management conference or if a hearing which has been listed does not take place.
Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008, (SI 2008/977) Commenced 7 April 2008. Amends the definition of “the requisite period” in the Criminal Justice Act 1991, s 46A(5) which is the period that must be served in prison before the Secretary of State can order that the individual concerned be removed from prison for the purpose of removal from the UK. Removes the requirement that a prisoner serving a sentence of between three and four months must serve 30 days before the prisoner can be removed from prison. Provides that a prisoner serving less than three years must serve one-quarter of the term before he can be removed from prison. Brings forward the time at which a prisoner serving a sentence of three years or over can be removed from prison.
